Supreme Court stays part of Delhi HC order in cash-for-query case against Mahua Moitra
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The Supreme Court of India on Friday stayed a portion of a December 19 order of the Delhi High Court that had directed the Lokpal to reconsider granting sanction to the Central Bureau of Investigation to file a chargesheet against Mahua Moitra in an alleged cash for query case.
A bench comprising Chief Justice Surya Kant and Justice Joymala Bagchi issued notices seeking responses from Moitra, the CBI, and the complainant, Nishikant Dubey, a Member of Parliament from the Bharatiya Janata Party.
The Lokpal had approached the Supreme Court challenging the High Court verdict, which set aside the anti-corruption ombudsman’s earlier order permitting the CBI to file a chargesheet against the Trinamool Congress MP.
The High Court had held that the Lokpal misinterpreted the Lokpal and Lokayuktas Act, 2013, by treating it as providing two separate stages of sanction. According to the court, Section 20(7)(a) does not create a separate sanction stage for filing a chargesheet, while Section 20(8) relates to directing the appropriate agency to carry out prosecution.
The High Court ruled that the law provides only a single composite stage for sanction for prosecution and said the Lokpal had departed from the statutory procedure laid down by Parliament.
In its petition before the Supreme Court, the Lokpal challenged this interpretation of the law. The top court said the ombudsman would not need to decide on a sanction for prosecution as directed by the High Court until the matter is examined.
Senior lawyer Ranjit Kumar, appearing for the Lokpal, told the court that the challenge was limited to the High Court’s interpretation of the law and was not aimed at any individual. Solicitor General Tushar Mehta said the CBI supported the High Court’s interpretation but added that the allegations against Moitra should be investigated.
The case stems from allegations that Moitra shared her Parliament website login credentials with businessman Darshan Hiranandani and received gifts in exchange for raising questions in the Lok Sabha.
Moitra has admitted to sharing her login credentials but has denied receiving any cash or gifts. The allegations were first raised in October 2023 by Dubey and advocate Jai Anant Dehadrai, Moitra’s former partner, who also filed a complaint with the Lokpal, accusing her of accepting cash for asking questions in Parliament.